From someone with a law degree it may sound strange, but I think there are just too many laws. I have been both a prosecutor and a defense attorney when meritless cases have been filed. All they do is waste the courts time and resources. Too many times, the police and courts are brought into minor incidents that in the past were resolved by individuals. What ever happened to no harm no foul? Certainly I do not think that we should go around beating each other up but there is some provocative behavior that crosses the line and you should be able to get a free pass to unleash a mild ass kicking on the offending party. When this occurs why should the courts and lawyers get involved?
Cases that come to mind are the recent incident where Russell Brand was protecting his bride-to-be, Katy Perry, from a photographer attempting to aim his camera up her skirt. Why should Russell be arrested for defending his women? Then I think of the father who walked in on his young teenaged daughter having sex with a boyfriend on the living room sofa. The father punched the boyfriend and he was arrested. Society would not be harmed if the law left some justice to the people rather than the courts.
Lets look at the Adam Lambert case. Adam Lambert is a victim of assault, not the perpetrator of a battery. Lambert had been working hard. He has performed on the road for seventy tour dates. Lambert has also been doing extensive press and radio interviews for months. Adam Lambert deserved a peaceful day off. Lambert and some of his band members and dancers decided to have a day of R&R on South Beach. Adam wanted some relaxing down time on the beach with his friends, some food and a pina coloada.
Unfortunately Lambert’s disguise failed and he became surrounded by paparazzi. Being the nice guy that he is Lambert obliged the photographers with some pictures and after a while he believed that he should be left to enjoy his day. Lambert asked the paparazzi to leave. The paparazzi refused and said they would not leave until Adam did. Frustrated, Lambert decided to leave. As Lambert was walking off he was assaulted by a paparazzo that put a camera in his face and made some rude remarks.
The legal definition of an assault is the fear of a harmful or offensive touching; battery is the actual harmful or offensive touching. They are two separate offenses but usually occur at the same event. Technically Lambert was assaulted first when the camera was shoved in his face. Lambert had a reasonable fear that he could be harmed or offensively touched by the paparazzo. Lambert had a right to act in his own defense with whatever force necessary to stop the assault. It seems that Lambert did just that. The scumbag paparazzo really does not have a case against Lambert since Lambert’s actions were provoked by the paparazzo assault. The fact that this little weasel had the nerve to go to the police is outrageous!
It should be a rule of law that pummeling paparazzi under these circumstances should clearly be a case of self-defense. Anyone who thinks that the 6’1″ well built Alpha male Lambert could not have kicked some ass, is clearly mistaken. Going beyond self-defense was not Lambert’s intent. Adam restrained himself, stopped the assault perpetrated on him and caused no harm to the offender. Adam Lambert did not initiate a battery; he was the victim of an assault.